OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 / 1. REQUISTION NUMBER / PAGE 1 OF
2, CONTRACT NO. / 3. AWARD/EFFECTIVE
DATE / 4. ORDER NUMBER / 5. SOLICITATION NUMBER
AG-XXXX-S-08-XXXX / 6. SOLICITATION ISSUE
DATE:
7. FOR SOLICITATION
INFORMATION CALL: / ► / a. NAME / b. TELEPHONE NUMBER (No collect calls) / 8 OFFER DUE DATE/LOCAL TIME:
9. ISSUED BY / CODE / 10. THIS ACQUISITION IS
UNRESTRICTED OR / SET ASIDE: / 100 % FOR:
NAICS: 561439
SIZE STANDARD: $6.5 mil / SMALL BUSINESS / EMERGING SMALL BUSINESS
HUBZONE SMALL BUSINESS
SERVICE DISABLED VETERAN- OWNED SMALL BUSINESS
8(A)
11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK ISMARKED
SEE SCHEDULE / 12. DISCOUNT TERMS / 13a THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700) / 13a. RATING
14. METHOD OF SOLICITATION
RFQ / IFB / RFP
15. DELIVER TO / CODE / 16. ADMINISTRERED BY / CODE
17a. CONTRACTOR/ / CODE / CODE / PAYMENT WILL BE MADE BY / CODE
TELEPHONE NO. / Refer to D.21.6
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER / 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO. / 20.
SCHEDULE OF SUPPLIES/SERVICES / 21.
QUANTITY / 22.
UNIT / 23.
UNIT PRICE / 24.
AMOUNT
Clerical Support Unit for use on Incidents (see attached)
Operating Supplies Furnished by: [ X ] Contractor [ ] Government
Operator Furnished by: [ X ] Contractor [ ] Government / See Section B
25. ACCOUNTING AND APPROPRIATION DATA / 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA / ARE / ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA / ARE / ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___1___
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHEERWISE IDENTIFED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJJECT TO THE TERMS AND CONDITIONS SPECIFIED / 29. AWARD OF CONTRACT: REF. ______OFFER DATED ______YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARESET FORORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR / 31a UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) / 30c. DATE SIGNED / 31b. NAME OF CONTRACTING OFFICER (Type or print) / 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITIONS IS NOT USABLE / STANDARD FORM 1449 (REV. 3/2005)
PRESCRIBED BY GSA – FAR (48 CFR) 53.212
19.
ITEM NO. / 20.
SCHEDULE OF SUPPLIES/SERVICES / 21.
QUANTITY / 22.
UNIT / 23.
UNIT PRICE / 24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED / INSPECTED / ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE / 32c. DATE / 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE / 32f. TELPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER / 34. VOUCHER NUMBER / 35. AMOUNT VERIFIED
CORRECT FOR / PAYMENT / 37. CHECK NUMBER
PARTIAL FINAL / COMPLETE PARTIAL FINAL
38. S/R ACCOUNTG NO. / 39 S/R VOUCHER NUMBER / 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT / 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITILE OF CERTIFYING OFFICER / 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) / 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV.3/2005) BACK
AG-xxxx-S-08-xxxx
PAGES 1 OF 43
CLERICAL SUPPORT UNIT SOLICITATION
Rev. 4/10/2008 FAC 2005-24
SECTION A – SOLICITATION/CONTRACT/ORDER, SF 1449
SECTION B – PRICING AND ESTIMATED QUANTITY/BASIS OF AWARD/ SUMMARY
SECTION C – CONTRACT CLAUSES
C.1CONTRACT TERMS AND CONDITIONS ReQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS(FAR 52.212-5)
C.2CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)
C.3AGREEMENT AND PERFORMANCE PERIODS
C.3.1 AGREEMENT PERIOD
C.3.2 START WORK
C.4AUTHORIZED PERSONNEL TO PLACE ORDERS
C.5CLAIM SETTLEMENT AUTHORITY
C.6CHANGES TO AGREEMENTS
C.7CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (FAR 52.247-21)
C.8LOSS, DAMAGE OR DESTRUCTION
C.9FIREARM-WEAPON PROHIBITION
C.10HARRASSMENT FREE WORKPLACE
C.11PRE-QUOTEMEETING
SECTION D – CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
D.1SCOPE OF AGREEMENT
D.2EQUIPMENT REQUIREMENTS
D.2.1EQUIPMENT
D.2.2 VEHICLE LICENSING REQUIREMENTS
D.3PERSONNEL REQUIREMENTS
D.3.1ENGLISH SPEAKING REQUIREMENT
D.4EQUIPMENT RELIABILITY
D.5AVAILABILITY
D.6ORDERING PROTOCOL FOR RESOURCES
D.6.1DISPATCH PRIORITY
D.6.2RANKING OF AWARDED RESOURCES FOR DISPATCH PRIORITY
D.6.3ORDERING PROCEDURES FOR RESOURCES
D.6.4INFORMATION REQUIRED WHEN PLACING ORDERS
D.6.5DISPATCHING PROCEDURES
D.6.6EMERGENCY INCIDENT DRIVING
D.6.7LENGTH OF ASSIGNMENTS & CREW CHANGE OUT
D.6.8DEMOBILIZATION
D.6.9RELEASE
D.7PROPERTY
D.7.1ACCOUNTABLE, DURABLE, AND CONSUMABLE GOODS
D.8INFORMATION TO BE PROVIDED BY CONTRACTOR AT CHECK-IN
D.9LAUNDRY SERVICE
D.10CAMPSITE
D.11COMMISSARY
D.12TIMEKEEPING
D.13CONTRACTOR’S REPRESENTATIVE
D.14FIRST AID/EMERGENCY EVACUATION/ACCIDENTS
D.15VEHICLE CLEANING FOR NOXIOUS WEED CONTROL
D.16NOT APPLICABLE
D.17INCIDENT PRE-USE INSPECTION
D.18NONCOMPLIANCE AFTER ACCEPTANCE AT THE INCIDENT
D.19WORKMANSHIP
D.19.1INCIDENT BEHAVIOR
D.20PERFORMANCE EVALUATIONS
D.21PAYMENTS
D.21.1WITHDRAWAL OF RESOURCES
D.21.2REPAIRS
D.21.3OPERATING SUPPLIES
D.21.4FOOD & DRINK
D.21.5ORDER CANCELLATION
D.21.6PAYMENTS
D.21.7INVOICING PROCESS
D.22RESOURCE REPLACEMENT OR SUBSTITUTION
D.22.1 REPAIR AND/OR REPLACEMENT OF AUXILIARY/PERIPHERAL
EQUIPMENT
D.23LIST OF EXHIBITS (Attached as a separate document)
SECTION E – SOLICITATION PROVISIONS
E.1INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1)
E.2EVALUATION – COMMERCIAL ITEMS (FAR 52.212-2)
E.3OFFEROR REPRESENTATIONS AND CERTIFICATIONSCOMMERCIAL ITEMS (ORCA) (FAR 52.212-3)
SECTION B
The intent of this solicitation is to obtain the services of Clerical Support Unit(s) as defined in this solicitation for local, Regional, and Nationwide fire suppression and all-risk incidents. The overall mission of these services is to provide 24-hour office services capable of producing 400 copies of 40 pages, twice per day in three hours or less and basic word processingcapability. Units shall be self contained, with adequate supplies for at least 7 days, contain 36” format plotter capability,and be climate controlled.
The Blanket Purchase Agreement resulting from this Request for Quote (RFQ) may be used by multiple State and Federal agencies.
Exhibit Hcontains requirements specific to the various State and Federal Agencies.
PRICING AND ESTIMATED QUANTITY
This solicitation will result in multiple agreements with a daily rate and per copy pricing. The dollar limitation for any individual order is $100,000.00. Since the needs of the Government and availability of Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish theresources listed herein to the extent the Contractor is willing and able at the time of order. Due to the sporadic occurrence of Incident activity, the placement of any orders IS NOT GUARANTEED.
Proposed rates shall include, but are not limited to all labor, equipment (copying, binding, fax, plotting) operating supplies, materials, power generation, State and Federal taxes (including worker’s compensation costs), transportation, insurance coverage, overhead, and profit, and any costs/fees necessary to ensure equipment/operators meet the specified standards.
Vendors shall be prepared to operate their equipment 24 hours per day/seven (7) days per week. Adequate operators shall be provided to meet the work/rest safety guidelines (See D.6.7). The Finance Unit will work in tandem with the Planning Section to ensure contract resources are meeting the 2:1 work/rest safety guidelines.
Resources furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the contractor agrees that what is considered wear and tear under this agreement is in excess of what the resource is subjected to under normal operations and is reflected in the rates paid for the resource.
BASIS OF AWARD
The Government intends to award X number of Agreements, however, awards will only be made to those quoters offering a reasonable price and resources that are technically acceptable. Proposed pricing for all line items will be evaluated for reasonableness. Reasonable price, technically acceptable is the basis for the best value determination. See Section E.2
Method of Award – Cascading Set-Aside Procedure: (User Note: CO’s shall also review this acquisition for offering under the 8(a) program (Ref. FAR 19.800(e)) and document as part of the market research to determine set-aside. If offered to 8(a), modify the following provision and solicitation clauses accordingly.)
- Multiple awards of Blanket Purchase Agreements (BPA) resulting from this solicitation will be made using the following cascading set-aside order of preference: (CO to tailor based on results of market research).
- In accordance with FAR Subpart 19.13, awards will be made on a competitive basis first to responsible, eligible HUBZone small business concerns. (Refer to Section C, Clause C.1, 52.219-3, Notice of Total HUBZone Set-Aside. This clause is applicable only to this tier of the solicitation, not the solicitation in its entirety.)
- If there are insufficient HUBZone small business concerns to meet the anticipated need,additional awards will be madein accordance with FAR Subpart 19.14, to responsible, eligible Service Disabled Veteran Owned Small Business (SDVOSB) concerns. (Refer to Section C, Clause C.1, 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. This clause is applicable only to this tier of the solicitation, not the solicitation in its entirety.)
- If there are insufficient HUBzone and SDVOSB concerns to meet the anticipated need, additional awards will be made in accordance with FAR Subpart 19.5, to responsible small business concerns.
- Orders issued against awarded BPAs will be made using the following order of preference: (CO to tailor based on results of market research).
- Any order issued under the awarded BPAs will be made first to a HUBZonesmall business concern. Priority ranking for dispatch among HUBZone concerns will be determined using the method described in D.6.2.
- If there are no HUBZone small business concerns available, orders will be issued to a SDVOSB concern. Priority ranking for dispatch among SDVOSB concerns will be determined using the method described in D.6.2.
- If there are noHUBZone or SDVOSB concerns available, orders will be issued to small business concerns. Priority ranking for dispatch among small business concerns will be determined using the method described in D.6.2.
Nationally, a contractor may only receive one award for an individual clerical support unit. The Contractor may choose to respond to multiple solicitations, but upon acceptance of an offer of award, all other offers for that resource will be considered withdrawn. Prospective offerors are cautioned to carefully consider the solicitations to which they respond.
SUMMARY
The Contractor shall:
- Submit a quote by completing the attached Schedule of Items (Section B, Page 8).
- Sign and submit the SF-1449.
- If the Contractor chooses not to complete “FAR 52.212-3, Offeror Representations and Certifications – Commercial Items” (see E.3) on-line, then a completed copy of this clause shall be submitted with the quote.
- Register in or update information in CCR.
If you are new to Federal sector contracting or need other assistance with regards to placing a quote under this solicitation, contact your local Procurement Technical Assistance Center (PTAC). Locations of PTACs and other valuable information on contracting with the Government may be found at:
NOTE: The Virtual Incident Procurement (VIPR) System is being developed and will be used by the Forest Service for all pre-season incident procurements. Beginning in the fall of 2008, vendors will be required to access VIPR in order to respond to solicitations or access their awarded agreement. Access to VIPR requires that you obtain Level 2 eAuthentication, which provides the ability to conduct official electronic business transactions via the internet. Additional information regarding eAuthentication will be provided by your servicing acquisition office as indicated in block 7 of the SF-1449 or can be obtained at .
Schedule of Items
Item 1Daily RateDaily Rate $______
Item 2Black & White, 8.5 x 11, (Cost per Copy)Per Copy Rate $______
Item 3Black & White, 11 x 17, (Cost per Copy)Per Copy Rate $______
Item 4Color Copying, 8.5 x 11, (Cost per Copy)Per Copy Rate $______
Item 5Color Copying, 11 x 17, (Cost per Copy)Per Copy Rate $______
Item 6Plotting (Cost per lineal foot (LF))Per LF Rate $______
Item 7Laminating
a. 8.5 x 11Each$______
b. 11 x 17Each$______
c. CustomPer SF$______
Item 8Binding (Cost per book)Each $______
Item 9Faxing (Cost per page)Each$______
Item 10Color Paper
a. 8.5 x 11, (cost per sheet)Each$______
b. 11 x 17, (cost per sheet)Each$______
Item 11Mobilization/DemobilizationMileage Rate$______
Optional Items: If offering the following item as part of your proposal, provide daily rate and description of capabilities. A separate resource order number must be provided when optional items are ordered.
Internet CapabilityDaily Rate$______
Company NameDUNS Number
Contact Name
E-Mail Address
Phone Numbers (up to 6)
Fax Number
Mailing Address / Street:
City/State / Zip:
Equipment ID(Identify each unit with a unique resource number/name for identification purposes.) / City/State(Identify the dispatch location (city/state) for each if different than the offeror’s address) / Unit Length/Width
- [ ] I certify that all employees are covered by Workman’s Compensation or a legal exemption.
- I am [ ] am not [ ] registered in the Contractor Central Registration (CCR) system (Ref. E.1(k)).
- I have [ ] have not [ ] completed my representations and certifications on-line (Ref. E.3)
SECTION C
CONTRACT CLAUSES
C.1 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2008)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.233-3, Protest After Award (Aug1996) (31U.S.C.3553).
(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct2004) (Pub.L.108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph(b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept2006), with AlternateI (Oct1995) (41U.S.C.253g and 10U.S.C.2402).
__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan1999) (15U.S.C.657a). CO to check if appropriate based on market research.
__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a).
__ (4) [Reserved]
X (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June2003)(15U.S.C.644).
__ (ii) AlternateI (Oct1995) of 52.219-6.
__ (iii) AlternateII (Mar2004) of 52.219-6.
__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June2003) (15U.S.C.644).
__ (ii) AlternateI (Oct1995) of 52.219-7.
__ (iii) AlternateII (Mar2004) of 52.219-7.
X (7) 52.219-8, Utilization of Small Business Concerns (May2004) (15U.S.C.637(d)(2) and (3)).
__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov2007)(15U.S.C.637(d)(4).
__ (ii) AlternateI (Oct2001) of 52.219-9.
__ (iii) AlternateII (Oct2001) of 52.219-9.
X (9) 52.219-14, Limitations on Subcontracting (Dec1996) (15U.S.C.637(a)(14)).
__ (10) 52.219-16,LiquidatedDamages—Subcontracting Plan (Jan1999) (15U.S.C. 637(d)(4)(F)(i)).
__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept2005) (10U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) AlternateI (June2003) of 52.219-23.
__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct1999) (Pub.L.103-355, section7102, and 10U.S.C.2323).
__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct2000) (Pub.L.103-355, section7102, and 10U.S.C.2323).
__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May2004) (15U.S.C. 657 f). CO to check if appropriate based on market research.
__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June2007) (15U.S.C. 632(a)(2)).
X (16) 52.222-3, Convict Labor (June2003) (E.O.11755).
X (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb2008) (E.O.13126).
X (18) 52.222-21, Prohibition of Segregated Facilities (Feb1999).
X (19) 52.222-26, Equal Opportunity (Mar2007) (E.O.11246).
X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept2006) (38U.S.C.4212).
X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun1998) (29U.S.C.793).
X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept2006) (38U.S.C.4212).
X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec2004) (E.O.13201).
X (24)(i) 52.222-50, Combating Trafficking in Persons (Aug2007) (Applies to all contracts).
__ (ii) Alternate I (Aug2007) of 52.222-50.
__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug2000) (42U.S.C.6962(c)(3)(A)(ii)).
__ (ii) AlternateI (Aug2000) of 52.223-9 (42U.S.C.6962(i)(2)(C)).
__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (27)(i) 52.223-16, IEEE1680 Standard for the Environmental Assessment of Personal Computer Products (Dec2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
__ (28) 52.225-1, Buy American Act—Supplies (June2003) (41U.S.C.10a-10d).
__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug2007) (41U.S.C.10a-10d, 19U.S.C. 3301 note, 19U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).
__ (ii) AlternateI (Jan2004) of 52.225-3.
__ (iii) AlternateII (Jan2004) of 52.225-3.
__ (30) 52.225-5, Trade Agreements (Nov2007) (19U.S.C.2501, etseq., 19U.S.C.3301 note).
X (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C. 5150).
__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C. 5150).
__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb2002) (41U.S.C.255(f), 10U.S.C.2307(f)).
__ (35) 52.232-30, Installment Payments for Commercial Items (Oct1995) (41U.S.C.255(f), 10U.S.C.2307(f)).
X (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct2003) (31U.S.C.3332).
__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May1999) (31U.S.C.3332).
__ (38) 52.232-36, Payment by Third Party (May1999) (31U.S.C.3332).
__ (39) 52.239-1, Privacy or Security Safeguards (Aug1996) (5U.S.C.552a).
__ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb2006) (46U.S.C.Appx.1241(b) and 10U.S.C.2631).
__ (ii) AlternateI (Apr2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph(c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
X (1) 52.222-41, Service Contract Act of1965 (Nov2007) (41U.S.C.351, etseq.).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May1989) (29U.S.C.206 and 41U.S.C.351, etseq.).
X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov2006) (29U.S.C.206 and 41U.S.C.351, etseq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb2002) (29U.S.C.206 and 41U.S.C.351, etseq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug2007) (31U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3years after final payment under this contract or for any shorter period specified in FARSubpart4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.